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European Union › European Court of Justice (ECJ) › Personal Data

The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +
The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -
DLA Piper

Europe/Germany: Right to Bring Collective Action for Violations of Information Obligations Under GDPR

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Summary - In its judgement of 11 July 2024 (C-757/22), the European Court of Justice (‘ECJ’) ruled that the violation of a controller’s information obligations under Art. 12 and 13 GDPR, can be subject to a representative...more

Wilson Sonsini Goodrich & Rosati

EU Court of Justice Landmark Ruling on Digital Advertising and GDPR Compliance

Wilson Sonsini Goodrich & Rosati on

On March 7, 2024, the European Court of Justice (CJEU) issued a landmark ruling on digital advertising and the concepts of personal data and joint controllership under the General Data Protection Regulation (GDPR)....more

Neal, Gerber & Eisenberg LLP

Client Alert: European Commission’s Adequacy Decision Sets Standards for US Companies to Receive Personal Data from EU Under the...

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On July 10, 2023, the European Commission concluded that the US ensures an adequate level of protection for personal data transferred from the European Union to US companies under the new EU-US Data Privacy Framework. Based...more

Constangy, Brooks, Smith & Prophete, LLP

European Court of Justice rules on compensation and right to access under GDPR

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The European Court of Justice has issued two important decisions interpreting the European Union’s General Data Protection Regulation. One addresses the right to compensation for GDPR violations, and the other addresses the...more

Foley Hoag LLP - Security, Privacy and the...

Anonymization and the GDPR – Clarity from the European Courts? Not so Fast!

Foley Hoag LLP - Security, Privacy and the... on

As we’ve written about before, the question of anonymization can be tricky.  When is something “anonymized” or merely “de-identified” or “pseudonymous” — and when does it matter?  This is a particularly fraught issue under...more

Littler

The “Trans-Atlantic Data Privacy Framework” – Finally a Legally Secure Data Transfer to the United States?

Littler on

Since the European Court of Justice (ECJ) declared the “Safe Harbour” agreement—which had permitted U.S. companies to comply with EU restrictions on the transfer of personal data outside the EU—invalid in October 2015,...more

Spirit Legal

Restitutio in Integrum

Spirit Legal on

A Fresh Perspective on Data Protection and Damages - Opening statements by Peter Hense at a University of Vienna panel titled "EU Future Talks, Non-Material Damages for GDPR Violations: Quo Vadis Österreichische Post...more

White & Case LLP

CJEU clarifies GDPR obligation to disclose details of recipients

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The GDPR allows individuals to request information about the “recipients or categories of recipients” to whom their personal data has been disclosed. In a recent ruling, the EU’s Court of Justice said data subjects get to...more

Orrick, Herrington & Sutcliffe LLP

Advocate General of ECJ on GDPR Damages. Is relief from non-substantial claims in sight?

Orrick, Herrington & Sutcliffe LLP on

While claims for damages in the event of data protection violations have theoretically existed for some time, they have been gaining in importance since the introduction of the General Data Protection Regulation ("GDPR")....more

Goodwin

U.S. And EU Reach Political Agreement on a New Trans-Atlantic Data Privacy Framework: The Implications for Businesses

Goodwin on

On 25 March 2022, President Biden and the President of the European Commission (“EC”) von der Leyen announced that the U.S. and EU reached an agreement in principle on a new Trans-Atlantic Data Privacy framework for...more

Sunstein LLP

The European Commission Publishes Comprehensive Contractual Clauses For Use in Data Transfers from Europe

Sunstein LLP on

In June, the European Commission published the final version of a new set of standard contractual clauses (SCCs) that can be used to comply with the EU’s General Data Protection Regulation (the “GDPR”). These clauses are of...more

Neal, Gerber & Eisenberg LLP

NGE On Demand: Personal Data Protection Travels: The New Standard Contractual Clause with John Koenigsknecht and David Wheeler

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NGE Corporate & Securities partner John Koenigsknecht recently interviewed Data Privacy & Information Governance partner David Wheeler about the new standard contractual clauses and the complex task of assessing and...more

WilmerHale

European Commission adopts and publishes new Standard Contractual Clauses for international transfers of personal data

WilmerHale on

On June 4th, 2021, the European Commission adopted and published a new set of so-called standard contractual clauses (“SCCs”) providing a legal basis for international transfers of personal data from the EU/EEA to third...more

Foley & Lardner LLP

European Commission Approves New Standard Contractual Clauses for Transfer of European Personal Data

Foley & Lardner LLP on

Earlier today, the European Commission approved and adopted a new version of the Standard Contractual Clauses (SCCs) that revises how data may be transferred by including additional privacy and legal safeguards. The remodeled...more

Snell & Wilmer

Go With the Flow: Developments in Cross-Border Data Flows Following Schrems II and the Release of New Draft International Standard...

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In an increasingly datafied and globalized world, businesses have become reliant upon the seamless flow of cross-border data transfers. Transatlantic data flows play an important role in the U.S. economy. The U.S. and the...more

Lighthouse

The Impact of Schrems II & Key Considerations for Companies Using M365: The Background

Lighthouse on

In 2016, European companies doing business in the US were able to breathe a sigh of relief. The European Commission deemed the Privacy Shield to be an adequate privacy protection. For the next half a decade, this shield, as...more

Fenwick & West LLP

Keep Your Personal Data Flowing – How to Navigate the Changing Tides of the New EU Guidance and UK-EU Brexit Deal

Fenwick & West LLP on

Concerns are mounting for companies around the world as they consider their ability to transfer data from the EU following the recent decision by the Court of Justice of the European Union in Data Protection Commissioner v....more

Kramer Levin Naftalis & Frankel LLP

European Court of Justice Invalidates EU-US Privacy Shield Framework

Kramer Levin Naftalis & Frankel LLP on

This past July, a decision by the European Court of Justice (ECJ) struck down the European Union-United States Privacy Shield framework (EU-U.S. Privacy Shield), one mechanism through which companies could transfer personal...more

Hogan Lovells

Belgian Data Protection Authority publishes guidance concerning Schrems II

Hogan Lovells on

The Belgian Data Protection Authority (DPA) has published brief guidance concerning the European Court of Justice (ECJ) judgement on the European Commission’s adequacy decision provided by the EU-US data Privacy Shield...more

ArentFox Schiff

Schrems II and the Possibility of a Privacy Shield Successor: Will History Repeat Itself?

ArentFox Schiff on

Last week started and ended with big announcements in the privacy world. At the end of the week, on August 14th, the regulations implementing the California Consumer Privacy Act of 2018 (CCPA) were finally declared final -...more

Saul Ewing LLP

European Court of Justice Invalidates Privacy Shield and Holds Standard Data Protection Clauses to Be Valid (maybe!)

Saul Ewing LLP on

The Court of Justice of the European Union (ECJ) recently declared that the EU-U.S. Privacy Shield, used by thousands of businesses to transfer personal data between the EU and U.S., was invalid. [Case C-311/18, Data...more

Snell & Wilmer

EU Court Invalidates Privacy Shield: Standard Contracts Clauses Survive - for Now

Snell & Wilmer on

On July 16, 2020, the Court of Justice of the European Union (“ECJ”), EU’s highest court, issued a judgment which (i) immediately invalidated the EU – U.S. Data Privacy Shield Framework (“Privacy Shield”)1 and (ii) maintained...more

King & Spalding

European Court Strikes Down Important Data Transfer Mechanism With Immediate Effect

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GDPR, the key piece of European privacy law, sets out strict controls on the transfer of personal data from the EU to non-EU jurisdictions and makes it unlawful to transfer personal data from the EU to a non-EU based...more

Society of Corporate Compliance and Ethics...

Compliance Perspectives: The End of the Privacy Shield

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The Court of Justice of the European Union (CJEU) sent shockwaves through the privacy community last week. As Jonathan Armstrong of Cordery explains in this podcast, it put an effective end to the Privacy Shield because of...more

WilmerHale

EU High Court Strikes Down Privacy Shield, Standard Contractual Clauses Remain in Place

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The European Court of Justice (the “Court”) issued the long-awaited “Schrems II” decision. (see Facebook Ireland Ltd. v. Maximillian Schrems).   In its decision, the Court (1) struck down the Privacy Shield program that...more

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